What is the standard of review in selective prosecution claims?
MultiRegion, United States of America
The following excerpt is from U.S. v. Hall, 951 F.2d 363 (9th Cir. 1991):
2 A intra-circuit conflict exists over whether the standard of review in a selective prosecution claim is abuse of discretion or clear error. United States v. Aguilar, 883 F.2d 662, 705 (9th Cir.1989), cert. denied, 111 S.Ct. 751 (1991). This conflict does not affect the present case because the outcome would be the same under either standard.
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